Ask Us

In this section you can find answers to frequently asked questions
about the California Paid Family Leave (PFL) program.

For questions related to your leave rights at work, check out these fact sheetsfrom the Legal Aid Society–Employment
Law Center.

1. Is my job protected while I’m taking PFL?

PFL provides income replacement to you while you are on leave - it
does not guarantee job protection during your leave. However, you may be
eligible for job-protected leave through the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) or
the California Pregnancy Disability
Leave (PDL) law. If you are a union member, you may have the right to
job-protected leave through a collective bargaining agreement. To learn more
about job protection during your leave, review these fact sheets produced
by our partners at the Legal Aid Society – Employment Law Center.

2. Can my employer require to
me to use vacation or sick leave before getting PFL benefits?

Your employer may require you
to use up to two weeks of earned but unused vacation leave prior to getting PFL
benefits. Vacation leave may include paid time off. One week of vacation leave
can be used during your seven day waiting period. However, your employer can
not require you to take sick leave before getting PFL benefits.

3. Will I need a doctor’s note
to qualify for PFL?

To apply for PFL to care for
an ill family member, you will need to submit a medical certification from your
relative’s doctor. To apply for PFL to
bond with a new child, you will need to submit evidence of your relationship
with the child, such as a birth or adoption certificate. See sample claim form here: http://www.edd.ca.gov/pdf_pub_ctr/de2501f-sample.pdf.

4. Can multiple workers take
PFL to care for the same seriously ill family member?

Multiple workers may take PFL
to provide physical care or psychological comfort, or to arrange third party
care, for the same family member. In a 24-hour period, up to three individuals
who are able and available to provide care for the same care recipient may
receive PFL benefits.

5. Can I take PFL to care for a
seriously ill family member outside of California?

You may take PFL to care for a
family member with a serious health condition who does not live in California.
You must still obtain a medical certificate from the health care provider to
establish your family member’s serious health condition as described in
Question #3 above. The health care provider must be licensed or certified in
the state or country where your family member is receiving treatment.

6. How is my PFL benefit
calculated?

Your PFL benefits are determined
by your earnings in the base period. The base period is the 12-month period
ranging from 5 to 18 months prior to the beginning of your PFL claim. The wages
included in the base period must have been subject to the SDI tax. You must
have at least $300 in wages in the base period to qualify for PFL. Your weekly
PFL benefit will be 55% of your wages as determined by the highest quarter of
earnings in your base period. View a chart of weekly PFL benefits
based on earnings in your base period.

7. Can I take PFL on an hourly
basis?

All six weeks of PFL do not
need to be taken consecutively. You can take PFL in hourly, daily or weekly
increments as needed. However, you must wait the full seven day waiting period
before getting PFL benefits, as described in Question #10 below.

8. Does an employee have to
work a minimum number of hours or days before becoming eligible for PFL
benefits?

You do not have to work a
minimum number of hours or days to be eligible for PFL benefits. The amount of
benefits you receive is determined by your earnings in the base period, not by
the number of hours or days worked. Read Question #6 above to review how PFL
benefits are determined.

9. I am on leave recovering
from pregnancy and receiving State Disability Insurance payments – can I also
receive PFL benefits?

You can get PFL benefits
after your pregnancy disability leave. Even if you received State Disability
Insurance (SDI) payments during your pregnancy disability leave, you can
subsequently take PFL to bond with your new child. The seven day waiting period
required for SDI when taking pregnancy disability leave counts towards the
seven day waiting period for PFL.

10. How is the seven day
waiting period served?

The first seven calendar days
of a PFL claim is a non-payable waiting period. Click here for
an example of serving the waiting period over the first seven consecutive days
of your leave. If you are taking leave intermittently, any day you
provide care counts toward your waiting period. Click here for an example of serving the waiting period over
non-consecutive days.

New mothers transitioning
from a Disability Insurance (DI) to PFL claim are not required to serve another
seven day waiting period before receiving PFL benefits. Once you have served
the seven day waiting period, you do not need to serve another waiting period
if you are taking leave for the same reason.

11. I am not a U.S. citizen -
can I still apply for PFL?

You are eligible for PFL
benefits if you pay into the SDI program and meet all other eligibility
requirements. You do not have to be a U.S. citizen to be eligible.

12. Can my spouse and I both
take PFL to bond with our new child?

Both parents can take PFL to
bond with a new child. You and your spouse may, but do not need to, take PFL at
the same time.

13. How long do I have to take
PFL to bond with a new child?

You can receive PFL benefits
while bonding with a newborn baby during the first year of the child’s life. If
you are taking leave to bond with an adopted or foster child , you are eligible
for PFL benefits within the first year of the child’s placement with you.